2015 (10) TMI 280 - AT - Central Excise

Duty demand - Assessee wrongly claiming exemption under Notification No.8/2002, dt.01.03.2002 - extended period of limitation - Held that - Respondents cleared the goods under the cover of Central Excise invoices and declared in the RT 12 return. It is also noted that on an identical issue, for the earlier period, the Assistant Commissioner passed an order dt.27.02.2004. It is seen from the said order that the Respondent paid an amount equal to 8% on the price of the exempted goods as they have availed the CENVAT credit on the common inputs. We find that the Commissioner (Appeals) examined in detail that the Respondents disclosed all the facts in the returns and therefore, there is no reason for holding suppression of facts with intent to evade payment of duty. - claim of the notification wrongly would not amount to suppression of facts with intent to evade payment of duty. - No reason to interfere the order of the Commissioner (Appeals). - Decided against Revenue.

Summary

Issues:
- Appeal against impugned order passed by Commissioner (Appeals) setting aside demand of duty as barred by limitation.
- Whether extended period of limitation can be invoked due to wrong availment of exemption notification.
- Classification of Electric Wires and Cables under Central Excise Tariff Act, 1985.
- Show Cause Notice issued proposing demand of duty, interest, and penalty.
- Commissioner (Appeals) setting aside demand due to limitation.
- Disagreement with findings of lower authority regarding department's knowledge of facts.
- Opposing the order of Commissioner (Appeals) on applicability of earlier Show Cause Notice.
- Examination of facts and disclosure in returns to determine suppression of facts with intent to evade payment of duty.

Analysis:

1. The appeal was filed by the Revenue against the impugned order passed by the Commissioner (Appeals) where the demand of duty was set aside as it was considered barred by limitation. The Revenue argued that the Respondents wrongly claimed exemption under a notification during a specific period, and the extended period of limitation should be invoked due to non-disclosure of this fact to the Department. The Commissioner (Appeals) set aside the demand without delving into the merits of the case, leading to the appeal.

2. The Respondents were engaged in manufacturing Electric Wires and Cables classified under Chapter 85.44 of the Central Excise Tariff Act, 1985. A Show Cause Notice was issued proposing duty demand, interest, and penalty for wrongly availing exemption notifications on specific products. The Adjudicating authority confirmed the demand, but the Commissioner (Appeals) set it aside citing limitation as the reason, without considering the case's merits.

3. The Commissioner (Appeals) highlighted that a previous Show Cause Notice had been issued within the normal period for a part of the period in question, raising concerns about the invocation of an extended period for the subsequent notice. It was emphasized that the Department should have sought further details or information if clarity was needed regarding the interpretation of the exemption notification, as the Respondents had complied with providing necessary information.

4. The learned Authorised Representative opposed the Commissioner (Appeals) order, arguing that the earlier Show Cause Notice was not applicable to the present case. However, it was noted that the Respondents had cleared goods under proper documentation and declared them in returns. The Commissioner (Appeals) found no suppression of facts with intent to evade duty payment, citing legal precedents that a mere incorrect claim of exemption does not constitute such intent.

5. Ultimately, the Tribunal upheld the order of the Commissioner (Appeals), rejecting the appeal filed by the Revenue. It was concluded that the Respondents had disclosed all relevant facts in their returns, and there was no basis for alleging suppression of facts to evade duty payment. The cross objection was disposed of accordingly.